BILL NUMBER: SB 1107	CHAPTERED  10/10/99

	CHAPTER   755
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 1, 1999
	PASSED THE ASSEMBLY   AUGUST 30, 1999
	AMENDED IN ASSEMBLY   JULY 6, 1999
	AMENDED IN SENATE   APRIL 7, 1999

INTRODUCED BY   Senator Sher
   (Principal coauthor: Senator Solis)

                        FEBRUARY 26, 1999

   An act to amend Sections 106875, 106876, 106880, 106885, 106890,
106895, 106900, 106910, 116275, and 116555 of, to amend the heading
of Article 3 (commencing with Section 106875) of Chapter 4 of Part 1
of Division 104 of, to add Sections 106892, 106896, and 106897 to, to
repeal Section 106905 of, and to repeal Chapter 6 (commencing with
Section 116900) of Part 12 of Division 104 of, the Health and Safety
Code, relating to water.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1107, Sher.  Operator certification program:  water
distribution systems.
   (1) Existing law requires all persons responsible for the
supervision or operation of water treatment plants to be certified by
the State Department of Health Services.  Existing law authorizes
the department to take certain administrative action with regard to a
water treatment operator or water treatment operator-in-training
certificate.
   This bill would require the department to examine and certify
persons as to their qualifications to supervise or operate a water
distribution system.  The bill would authorize the department to take
designated administrative actions with regard to a water
distribution operator certificate.
   The bill would require all persons who are in responsible charge
of the water distribution system of a community water system or a
nontransient noncommunity water system to possess a valid and current
water distribution operator certificate of the appropriate grade in
accordance with regulations.
   (2) Existing law authorizes the department to establish fee
schedules for the issuance and renewal of these operator certificates
sufficient to recover all costs incurred in the administration of
regulatory provisions.
   This bill would authorize the department to establish fee
schedules for the replacement and reinstatement of certificates under
these provisions and for the continuing education of certificate
holders.  The bill would establish in the State Treasury the Drinking
Water Operator Certification Special Account into which fees
collected for purposes of the certification and examination of water
treatment operators, water treatment operators-in-training, and water
distribution operators would be deposited.
   (3) Existing law authorized any person employed as a water
treatment plant operator on the date provisions authorizing the
regulation of water treatment plant operators became effective to be
issued an appropriate certificate provided that the person provided
evidence of certain qualifications acceptable to the director as
prescribed by regulations.
   This bill would, instead, require that an appropriate certificate
be issued to a person employed as a water distribution operator if
the water system employing the operator has applied for the
certificate within one year after the adoption of regulations
implementing these provisions.
   This bill would require the department to evaluate the water
distribution operator certification program of the California-Nevada
Section of the American Water Works Association (CNAWWA) and issue an
appropriate water distribution operator certificate for those
certified operators that have satisfied the provisions regulating
water distribution system operators.
   The bill would require, on or after the effective date of
regulations implementing the bill's water distribution system
operator regulatory provisions, that certificates issued by
certification programs of other states be recognized as valid and
sufficient as provided under the bill.
   (4) Existing law requires that all preentry and postentry
educational programs under these operator provisions be tailored to
the needs of all segments of the population without respect to race,
color, or creed.
   This bill would repeal this provision.
   (5) Existing law requires the department to establish the level of
skill, knowledge, and experience necessary to supervise and operate
a water treatment facility.  Existing law requires the department to
establish criteria to classify the type of water treatment plants.
   This bill would, instead, authorize the department to approve
courses of instruction provided by educational institutions,
professional associations, public agencies, or private agencies for
purposes of qualifying persons for initial certification,
certification renewal, and recertification as a water treatment
operator, water treatment operator-in-training, or water distribution
operator.  The bill would authorize the department to adopt
specified rules, regulations, and certification standards with regard
to these operators and to water treatment plants and water
distribution systems.
   (6) Existing law sets forth definitions governing the California
Safe Drinking Water Act and the provisions governing water treatment
plant operators.
   This bill would add to these definitions for purposes of existing
provisions regulating water treatment operators, water treatment
operators-in-training, and water treatment plants and for purposes of
provisions of the bill that would regulate water distribution
operators and water distribution systems.
   (7) Existing law specifies certain requirements of any person who
operates a public water system.
   This bill would revise this provision to provide that any person
who owns a public water system shall ensure that the system meets
certain requirements and the bill would add to those requirements
that the public water system comply with specified operator
certification programs.  The bill also would set forth requirements
for any person who owns a community water system or a nontransient
noncommunity water system.
   (8) Existing law requires the Director of Health Services to adopt
regulations and certification standards for purposes of the
operation of water treatment plants.
   This bill would repeal these provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The heading of Article 3 (commencing with Section
106875) of Chapter 4 of Part 1 of Division 104 of the Health and
Safety Code is amended to read:

      Article 3.  Operator Certification Program:  Water Treatment
Plants and Water Distribution Systems

  SEC. 2.  Section 106875 of the Health and Safety Code is amended to
read:
   106875.  (a) The department shall examine and certify persons as
to their qualifications to supervise or operate water treatment
plants.  The certification shall indicate the classification of water
treatment plant that the person is qualified to supervise or
operate.
   (b) The department shall examine and certify persons as to their
qualifications to supervise or operate a water distribution system.
The certification shall indicate the classification of distribution
system that the person is qualified to supervise or operate.
  SEC. 3.  Section 106876 of the Health and Safety Code is amended to
read:
   106876.  (a) The department may suspend, revoke, or refuse to
grant or renew any water treatment operator certificate or water
treatment operator-in-training certificate to operate or supervise
the operation of a water treatment plant or may place on probation or
reprimand the certificate holder upon any reasonable grounds,
including, but not limited to, any of the following:
   (1) The submission of false or misleading information on an
application for a certificate or engaging in dishonest conduct during
an examination.
   (2) The use of fraud or deception in the course of operating or
supervising the operation of a water treatment plant or a water
recycling treatment plant.
   (3) The failure to use reasonable care or judgment in the
operation or supervision of the operation of a water treatment plant
or a water recycling treatment plant.
   (4) The inability to perform operating duties properly in a water
treatment plant or a water recycling treatment plant.
   (5) The failure to meet all requirements for certificate renewal.

   (6) The conduct of willful or negligent acts that cause or allow
the violation of the Safe Drinking Water Act (Subchapter XII
(commencing with Section 300f) of Chapter 6A of Title 42 of the
United States Code) or the regulations and standards adopted pursuant
to that act.
   (7) Willfully or negligently violating or causing or allowing the
violation of waste discharge requirements or permits issued pursuant
to the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et
seq.) while operating a water recycling treatment plant.
   (b) The department may suspend, revoke, or refuse to grant or
renew any water distribution operator certificate to operate or
supervise the operation of a water distribution system or may place
on probation or reprimand the certificate holder upon any reasonable
grounds, including, but not limited to, any of the  following:
   (1) The submission of false or misleading information on an
application for a certificate or engaging in dishonest conduct during
an examination.
   (2) The use of fraud or deception in the course of operating or
supervising the operation of a water distribution system.
   (3) The failure to use reasonable care of judgment in the
operation or supervision of the operation of a water distribution
system.
   (4) The inability to perform operating duties properly in a water
distribution system.
   (5) The failure to meet all requirements for certificate renewal.

   (6) The conduct of willful or negligent acts that cause or allow
the violation of the federal Safe Drinking Water Act (Subchapter XII
(commencing with Section 300f) of Chapter 6A of Title 42 of the
United States Code) or the regulations and standards adopted pursuant
to that act.
   (c) Prior to revocation of a valid operator certificate, the
department shall provide the certificate holder with an opportunity
for a hearing before the department.
   (d) For purposes of this section, "water recycling treatment plant"
means a treatment plant that receives and further treats secondary
and/or tertiary effluent from a wastewater treatment plant.
  SEC. 4.  Section 106880 of the Health and Safety Code is amended to
read:
   106880.  The state department shall hold at least one examination
each year for the purpose of examining candidates for certification.

  SEC. 5.  Section 106885 of the Health and Safety Code is amended to
read:
   106885.  (a) All persons who operate or supervise the operation of
water treatment plants shall possess a valid and current water
treatment operator certificate or water treatment
operator-in-training certificate of appropriate grade in accordance
with the regulations referred to in Section 106910.
   (b) All persons who are in responsible charge of the water
distribution system of a community water system or a nontransient
noncommunity water system shall possess a valid and current water
distribution operator certificate of the appropriate grade in
accordance with the regulations referred to in Section 106910.
  SEC. 6.  Section 106890 of the Health and Safety Code is amended to
read:
   106890.  It is the intent of the Legislature that the program
authorized pursuant to this article be entirely self-supporting, and
for this purpose the department is authorized to establish fee
schedules for the issuance, replacement, reinstatement, continuing
education, and renewal of certificates that shall provide revenues
that shall not exceed the amount necessary, but shall be sufficient,
to recover all costs incurred in the administration of this article.

  SEC. 7.  Section 106892 is added to the Health and Safety Code, to
read:
   106892.  There is in the State Treasury the Drinking Water
Operator Certification Special Account.  Fees collected pursuant to
Section 106890 shall be deposited in the account created by this
section.
  SEC. 8.  Section 106895 of the Health and Safety Code is amended to
read:
   106895.  (a) A person employed as a water distribution operator,
as defined by Section 116275, who does not hold a certificate
pursuant to Section 106885, may be issued an appropriate certificate
provided that the water system with which the operator is employed
has applied for the certificate within one year after the adoption of
the regulations implementing this section.
   (b) A certificate issued pursuant to subdivision (a) shall be
effective only at the site at which the operator was employed.  The
operator shall meet all certification requirements and hold a valid
certificate pursuant to Section 106885 in order to operate another
system.
   (c) If the classification of the distribution system changes to a
higher level, the certificate of the water distribution operator that
was issued pursuant to subdivision (a) for that water distribution
system is no longer valid.
   (d) Any water distribution operator who is certified under
subdivision (a) shall meet all of the requirements for renewal,
including necessary training and the payment of fees.
  SEC. 9.  Section 106896 is added to the Health and Safety Code, to
read:
   106896.  The department shall evaluate the water distribution
operator certification program of the California-Nevada Section of
the American Water Works Association (CNAWWA) and issue an
appropriate water distribution system operator certificate for those
certified operators that have satisfied the provisions of this
article and any regulations promulgated under this chapter.
  SEC. 10.  Section 106897 is added to the Health and Safety Code, to
read:
   106897.  On or after the effective date of regulations
implementing this article, certificates issued by certification
programs of other states shall be recognized as valid and sufficient
under this article if the department determines that the program of
the other state is consistent with this article and the regulations
promulgated under this article.
  SEC. 11.  Section 106900 of the Health and Safety Code is amended
to read:
   106900.  The department may approve courses of instruction
provided by educational institutions, professional associations,
public agencies, or private agencies for purposes of qualifying
persons for initial certification, certification renewal, and
recertification as a water treatment operator, water treatment
operator-in-training, or water distribution operator.
  SEC. 12.  Section 106905 of the Health and Safety Code is repealed.

  SEC. 13.  Section 106910 of the Health and Safety Code is amended
to read:
   106910.  The department may adopt rules, regulations, and
certification standards necessary to carry out the provisions of this
article, pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.  The rules,
regulations, and standards shall include, but not be limited to, the
following:
   (a) The classification of treatment plants taking into
consideration the plant size, character of the water being treated,
type and degree of treatment, complexity of operation, and other
physical conditions affecting the operation of the water treatment
plant.
   (b) The classification of distribution systems of community water
systems and nontransient noncommunity water systems taking into
consideration the complexity and size of the system.
   (c) Criteria and standards establishing the level of skill,
knowledge, education, and experience necessary to operate
successfully or to supervise successfully the operation of specific
classes of water treatment plants so as to protect public health.
   (d) Criteria and standards establishing the level of skill,
knowledge, and experience necessary to operate successfully or to
supervise successfully the operation of specific classes of water
distribution systems so as to protect the public health.
   (e) Criteria and standards for operator certification renewal
including continuing education requirements.
   (f) Criteria and standards for recertification of an operator when
the operator's certificate has lapsed.
   (g) Criteria and standards for the availability of designated
water treatment operators for each operating shift.
  SEC. 14.  Section 116275 of the Health and Safety Code is amended
to read:
   116275.  As used in this chapter:
   (a) "Contaminant" means any physical, chemical, biological, or
radiological substance or matter in water.
   (b) "Department" means the State Department of Health Services.
   (c) "Primary drinking water standards" means:
   (1) Maximum levels of contaminants that, in the judgment of the
department, may have an adverse effect on the health of persons.
   (2) Specific treatment techniques adopted by the department in
lieu of maximum contaminant levels pursuant to subdivision (j) of
Section 116365.
   (3) The monitoring and reporting requirements as specified in
regulations adopted by the department that pertain to maximum
contaminant levels.
   (d) "Secondary drinking water standards" means standards that
specify maximum contaminant levels that, in the judgment of the
department, are necessary to protect the public welfare.  Secondary
drinking water standards may apply to any contaminant in drinking
water that may adversely affect the odor or appearance of the water
and may cause a substantial number of persons served by the public
water system to discontinue its use, or that may otherwise adversely
affect the public welfare.  Regulations establishing secondary
drinking water standards may vary according to geographic and other
circumstances and may apply to any contaminant in drinking water that
adversely affects the taste, odor, or appearance of the water when
the standards are necessary to assure a supply of pure, wholesome,
and potable water.
   (e) "Human consumption" means the use of water for drinking,
bathing or showering, hand washing, or oral hygiene.
   (f) "Maximum contaminant level" means the maximum permissible
level of a contaminant in water.
   (g) "Person" means an individual, corporation, company,
association, partnership, limited liability company, municipality,
public utility, or other public body or institution.
   (h) "Public water system" means a system for the provision of
water for human consumption through pipes or other constructed
conveyances that has 15 or more service connections or regularly
serves at least 25 individuals daily at least 60 days out of the
year.  A public water system includes the following:
   (1) Any collection, treatment, storage, and distribution
facilities under control of the operator of the system which are used
primarily in connection with the system.
   (2) Any collection or pretreatment storage facilities not under
the control of the operator that are used primarily in connection
with the system.
   (3) Any water system that treats water on behalf of one or more
public water systems for the purpose of rendering it safe for human
consumption.
   (i) "Community water system" means a public water system that
serves at least 15 service connections used by yearlong residents or
regularly serves at least 25 yearlong residents of the area served by
the system.
   (j) "Noncommunity water system" means a public water system that
is not a community water system.
   (k) "Nontransient noncommunity water system" means a public water
system that is not a community water system and that regularly serves
at least 25 of the same persons over 6 months per year.
   (l) "Local health officer" means a local health officer appointed
pursuant to Section 101000 or a local comprehensive health agency
designated by the board of supervisors pursuant to Section 101275 to
carry out the drinking water program.
   (m) "Significant rise in the bacterial count of water" means a
rise in the bacterial count of water that the department determines,
by regulation, represents an immediate danger to the health of water
users.
   (n) "State small water system" means a system for the provision of
piped water to the public for human consumption that serves at least
five, but not more than 14, service connections and does not
regularly serve drinking water to more than an average of 25
individuals daily for more than 60 days out of the year.
   (o) "Transient noncommunity water system" means a noncommunity
water system that does not regularly serve at least 25 of the same
persons over six months per year.
   (p) "User" means any person using water for domestic purposes.
User does not include any person processing, selling, or serving
water or operating a public water system.
   (q) "Waterworks standards" means regulations adopted by the
department that take cognizance of the latest available "Standards of
Minimum Requirements for Safe Practice in the Production and
Delivery of Water for Domestic Use" adopted by the California section
of the American Water Works Association.
   (r) "Local primacy agency" means any local health officer that has
applied for and received primacy delegation from the department
pursuant to Section 116330.
   (s) "Service connection" means the point of connection between the
customer's piping or constructed conveyance, and the water system's
meter, service pipe, or constructed conveyance.  A connection to a
system that delivers water by a constructed conveyance other than a
pipe shall not be considered a connection in determining if the
system is a public water system if any of the following apply:
   (1) The water is used exclusively for purposes other than
residential uses, consisting of drinking, bathing, and cooking or
other similar uses.
   (2) The department determines that alternative water to achieve
the equivalent level of public health protection provided by the
applicable primary drinking water regulation is provided for
residential or similar uses for drinking and cooking.
   (3) The department determines that the water provided for
residential or similar uses for drinking, cooking, and bathing is
centrally treated or treated at the point of entry by the provider, a
passthrough entity, or the user to achieve the equivalent level of
protection provided by the applicable primary drinking water
regulations.
   (t) "Resident" means a person who physically occupies, whether by
ownership, rental, lease or other means, the same dwelling for at
least 60 days of the year.
   (u) "Water treatment operator" means a person who has met the
requirements for a specific water treatment operator grade pursuant
to Section 106875.
   (v) "Water treatment operator-in-training" means a person who has
applied for and passed the written examination given by the
department but does not yet meet the experience requirements for a
specific water treatment operator grade pursuant to Section 106875.
   (w) "Water distribution operator" means a person who has met the
requirements for a specific water distribution operator grade
pursuant to Section 106875.
   (x) "Water treatment plant" means a group or assemblage of
structures, equipment, and processes that treat, blend, or condition
the water supply of a public water system for the purpose of meeting
primary drinking water standards.
   (y) "Water distribution system" means any combination of pipes,
tanks, pumps, and other physical features that deliver water from the
source or water treatment plant to the consumer.
  SEC. 15.  Section 116555 of the Health and Safety Code is amended
to read:
   116555.  (a) Any person who owns a public water system shall
ensure that the system does all of the following:
   (1) Complies with primary and secondary drinking water standards.

   (2) Will not be subject to backflow under normal operating
conditions.
   (3) Provides a reliable and adequate supply of pure, wholesome,
healthful, and potable water.
   (4) Employs or utilizes only water treatment operators or water
treatment operators-in-training that have been certified by the
department at the appropriate grade.
   (5) Complies with the operator certification program established
pursuant to Chapter 4 (commencing with Section 106875).
   (b) Any person who owns a community water system or a nontransient
noncommunity water system shall do all of the following:
   (1) Employ or utilize only water distribution system operators who
have been certified by the department at the appropriate grade for
positions in responsible charge of the distribution system.
   (2) Place the direct supervision of the water system, including
water treatment plants, water distribution systems, or both under the
responsible charge of an operator or operators holding a valid
certification equal to or greater than the classification of the
treatment  plant and the distribution system.
  SEC. 16.  Chapter 6 (commencing with Section 116900) of Part 12 of
Division 104 of the Health and Safety Code is repealed.
